De Facto Cohabitation in Australia: What you need to know

In Australia, a de facto cohabitation relationship is a relationship between people who are not registered as married but live together as a couple. This relationship has similar rights and obligations as a marriage relationship under the law, but it also has its own unique considerations.

1. What constitutes a common-law partnership?

In order to be considered a De Facto common-law couple, the following conditions must be met:

• You and the other party have not registered your marriage.
• You have no family relationship with the other party, including children, offspring, siblings (including after the adoption relationship is terminated).
• You and your partner truly live together as a couple.

When assessing a cohabitation relationship, the court will consider the following factors:

• Cohabitation time
• residence
• Financial assets
• Commitment to the relationship
• Social cognition
• Register
• Do you have sex?
• Do you have children?

2. How long does it take to be considered cohabitation?

Generally, the court will not consider a de facto relationship until two years have passed since the last cohabitation. However, there are exceptions to this rule in the following situations:

• Having children
• Register your cohabitation with the government
• Ask the court to rule that one party has made a significant financial contribution to the relationship and that it would be unfair to that party not to make the ruling

Immigration laws generally recognize that cohabitation for one year or cohabitation registered with the government is eligible for a spouse visa.

3. Who does cohabitation apply to?

De Facto cohabitation applies to opposite-sex couples as well as same-sex couples. In addition, you or your partner may still be legally cohabiting even if you are still married or in a cohabitation relationship. However, married people may not be able to apply for a cohabitation registration, and the division of property in a multiple relationship is more complicated.

4. Can cohabiting partners divide their property?

Common-law partners can divide common property if:

• Cohabitation relationship established (meeting the above conditions)
• Contributions to common property (including non-financial contributions)

The division of property is similar to divorce and can be determined by a property agreement or court decision. Usually, at least one party needs to live in Australia and must be separated. An application for property division must be made within two years of separation.

5. How to register and dissolve a cohabitation relationship?

register:

• Apply for registration with the state civil affairs bureau.
• Wait for the 28-day cooling-off period.

Release:

• If there is no registration, you can separate directly.
• If you have already registered, you will need to wait for a 90-day cooling-off period.

It is essential to understand the legal framework of a de facto cohabitation relationship, especially if you are considering entering or dissolving such a relationship with your partner. It is recommended to consult a lawyer or other professional for advice on your specific situation.

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